Last revision: May 19, 2021
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Thomas Reidemeister (the “Website”).
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
3. AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
4. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Thomas Reidemeister.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
5. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.
We may receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.
6. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
7. INDEMNIFICATION
You defend and indemnify Thomas Reidemeister and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
8. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
9. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
10. PRIVACY
a) Collected personal data, processed personal data and data collection
In accordance with the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your personal data are consistent with the following principles:
- Lawfulness, fairness and transparency: personal data may only be collected and processed with your consent. Every time personal data is collected you will be informed that personal data is collected and why is collected;
- Limited purposes: personal data is collected and processed of data for achieving the objectives stated in these Terms and Conditions;
- Minimization of personal data collection and processing: only personal data necessary for achieving the objectives of the website is collected;
- Storage of personal data limited in time personal data is stored for a limited period, of which you are informed;
- Integrity and confidentiality of collected and processed personal data: the controller undertakes to guarantee the integrity and confidentiality of collected personal data.
In order to be lawful in accordance with article 6 of the European Regulation 2016/679, collection and processing of personal data will respect at least of one the following:
- You have given your consent to the processing of your personal data;
- Processing is necessary for compliance with a legal obligation;
- Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
- Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.
Our Website collects the following personal data:
Email Address
IP Address
Location
This personal data is collected when you perform one the following actions:
Post comments
The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for a period of: indefinitely, unless you ask for the deletion of your personal data before the expiry of this period.
If personal data is stored, you will be informed of the period during which your personal data will be kept, and if that period may not be specified, we will inform you of the criteria used to determine it.
Collection and data processing achieve the following purpose:
Maintain fair use standards
b) Data Hosting
The Website is hosted by: Amazon Web Services, headquartered at the following address:
410 Terry Avenue North Seattle, WA, 98109, United States
The host may be contacted at the following phone number: 1-206-266-1000
Personal data collected and processed by the Website is transferred to the following country(ies): Canada, United States. This transfer of personal data outside of the European Union is justified by the following reasons:
Personal data is kept in Canada and the United States because that is where the owner of this website resides.
c) Controller
The controller is: Thomas Reidemeister
d) Data Protection Officer
The following person has been named Data Protection Officer: Thomas Reidemeister.
The Data Protection Officer may be reached at the contact information below:
webmaster@reidemeister.com
e) Personal data of minors
In accordance with the dispositions of article 8 of the European Regulation 2016/679, no minor under the age of 15 may consent to processing of their personal data.
If you are a minor under the age of 15, the consent of a legal guardian is required for your personal data to be collected and processed.
f) Rights and procedures for the implementation of your rights
In accordance with the regulation regarding the processing of personal data, you have the rights listed below.
In order for the controller to grant your request, you have to provide your full name, your email address.
The controller shall answer you within thirty (30) days.
I. Rights of access, right of rectification and right to erasure
You may look up, update or modify your personal data, as well as request its deletion by following the procedure below:
Send an email to the controller.
II. Right to data portability
You may request the portability of your personal data held by the Website and have those data transmitted to another website by following the procedure below:
A user must request the portability of their personal data held by the website by contacting the controller.
III. Right to restriction of processing and right to object
You may request to restrict processing of your personal data and you may object to processing of your personal data and the Website may not deny such requests without compelling legitimate grounds.
g) Obligations of the controller
The controller undertakes to protect collected personal data, not to transfer your personal data to third parties without informing you first and to respect the purposes for which personal data were collected.
In addition, the collector undertakes to notify you before the rectification or erasure of any of your personal data, unless this requires disproportionate efforts.
In the event that the integrity and confidentiality of your personal data is compromised, the controller undertakes to inform you by any means.
11. COOKIES
a) Consent to our use of cookies
The Website may use cookies, which allow us to process statistics and information on traffic, to make your experience of the Website smoother and more interactive. Use of cookies involving personal data storage or analysis, you will be asked for your consent.
Your consent is valid for a maximum period of thirteen (13) months. After expiry of this period, the Website will ask you again for your consent to save cookies on your computer.
b) Right to object to use of cookies by the Website
You may object to the use of cookies by altering the settings of you web browser. However, any loss of functionality may not be held against us.
c) Description of cookies used by the Website
The following cookies are used when you browse our website:
12. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Thomas Reidemeister arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Thomas Reidemeister in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
